Final claim in 2009 false arrest, prosectution lawsuit dismissed

Final judgement was filed late last week in a suit that was filed three years ago

By Jessica Maher Reporter-Herald Staff Writer

Posted:
11/19/2012 04:47:19 PM MST

The man who sued Larimer County Drug Task Force investigators over his alleged false arrest and prosecution five years ago had the last of his claims dismissed in federal court last week.

In the lawsuit filed in November 2009, Jeremy C. Myers claimed that his constitutional rights were violated when investigators with the Larimer County Drug Task Force searched his property near the old sugar factory on North Madison Avenue on Sept. 6, 2007.

Myers was arrested for allegedly making methamphetamine but the charges were dropped two months later when the substance seized by officers tested negative for any illegal substances.

The original lawsuit named Loveland Police Detective Brian Koopman, Police Chief Luke Hecker, then-Fort Collins Police Chief Dennis Harrison, former Larimer County Sheriff James Alderden and 8th Judicial District Attorney Larry Abrahamson. The cities of Loveland and Fort Collins were also sued, as well as Larimer County, the board of commissioners and the 8th Judicial District Court.

Claims against most of the defendants were dismissed by District Judge Robert E. Blackburn between September 2010 and February 2011. Myers amended his complaint in March 2011 and Koopman became the only defendant.

The remaining claim in the amended complaint was malicious prosecution in violation of Myers' rights under the Fourth and Fourteenth Amendments. In court documents filed by Myers' Fort Collins-based attorney Randall Meyers, it was alleged that the detective obtained an invalid search warrant without probable cause and with false statements in the affidavit and "recklessly pursued a malicious prosecution against Mr. Myers without any reasonable justification or probable cause."

Myers had asked the court for financial compensation.

"As a direct result of the expenses and costs incurred to him as a result of the search and his subsequent arrest, Mr. Myers was forced to sell his equipment and abandon his business to pay for the expenses and attorney fees he was paid to incur," the amended complaint alleges.

In an order filed Nov. 8, Blackburn ruled against Myers' claims. The statute of limitations was cited in dismissing Myers' Fourth Amendment claim for malicious prosecution, as more than two years passed between the arrest and the filing of the complaint. And the court found that Myers' complaint did not support a procedural due process claim under the Fourteenth Amendment.

Final judgement was filed late last week in favor of Koopman and he was awarded costs associated with legal fees. The detective could not be reached for comment on Monday.

Meyers said his client plans to appeal the court's ruling on the claims against Koopman. He said the statue of limitations ruling in Koopman's favor is a reversal of a previous ruling from the judge.

"They have filed a motion for the costs," Meyers said. "I expect, however, that once we file the appeal that the award of costs will be stayed until the appeal is decided."

Hecker said he was pleased with the court’s decision.

“Detective Koopman was doing his job with integrity and character and I felt that the lawsuit was retaliation for good police work,” he said. “His objective always was to advance a lawful, constitutional criminal case.”